§329B-5.5  Substance abuse on-site screeningtests, testing procedures, and confidentiality.  The substance abuseon-site screening test shall be administered according to the instructions ofthe manufacturer and this section:

(1)  Every employer using a substance abuse on-sitescreening test shall administer the test according to the package insert thataccompanies the substance abuse on-site screening test;

(2)  Any indication of the presence of drugs, alcohol,or the metabolites of drugs by the substance abuse on-site screening test shallnot be used to deny or deprive a person of employment or any benefit, or resultin any adverse action against the employee or prospective employee, unless asubstance abuse test is conducted according to section 329B-5 and therequirements of paragraph (3) are met;

(3)  Upon the indication of the presence of drugs,alcohol, or the metabolites of drugs by the substance abuse on-site screeningtest, the employer shall have the employee or prospective employee reportwithin four hours to a laboratory licensed by the department under section329B-4 and be tested under section 329B-5.  The employer shall bear the cost ofthe laboratory referral.  An employee or prospective employee who fails toreport for the substance abuse test may be denied or deprived of employment orany benefit, or have adverse action taken against the employee or prospectiveemployee for refusing or failing to report for the substance abuse test;provided that the employer has provided to the employee or prospective employeewritten notice stating that:

(A)  At the time of the substance abuse on-sitescreening test, the employer followed the procedures under section 329B-5.5;

(B)  The employee or prospective employee wasinformed that the employee or prospective employee may refuse to submit to thesubstance abuse test; and

(C)  If the employee or prospective employeerefuses or fails to submit to the substance abuse test, the employer may takeadverse employment action against the employee or prospective employee;

(4)  The operator who administers the substance abuseon-site screening test shall have been trained in the use and administering ofthe on-site screening test by the manufacturer of the on-site screening test orthe manufacturer's designee; and

(5)  Any information concerning the substance abuseon-site screening test shall be strictly confidential.  Such information shallnot be released to anyone without the informed written consent of theindividual tested and shall not be released or made public upon subpoena or anyother method of discovery, except that information relating to a positiveon-site screening test result of an individual shall be disclosed to theindividual, a third party, the laboratory to which the individual is referred, andthe decision maker in a lawsuit, grievance, or other proceeding initiated by oron behalf of the individual tested and arising from the positive on-sitescreening test result. [L 1999, c 206, §1; am L 2007, c 179, §2]